What Does a Business Litigation Attorney Do?

Employment law, contract, and other business disputes are very common in Georgia.

In Georgia, almost anyone can file a lawsuit against almost any business, whether that action is meritorious. So, about 90% of the small businesses in Norcross County face at least one lawsuit sometime during their operation. Since most small businesses have narrow profit margins, a lawsuit is often financially devastating.

A Norcross business litigation attorney plays a crucial role in these situations. Attorneys use procedural obstacles and substantive defenses to avoid large judgments against their clients. Additionally, attorneys find long-lasting and cost-effective solutions in these situations. A Band-Aid solution that results in another lawsuit is no solution at all. Furthermore, the legal fees in a business litigation case, even if an attorney successfully defends the business, could be devastating. So, whenever possible, a Norcross business litigation attorney works hard to settle such cases quickly and quietly.

Contract Disputes

Businesses of all shapes and sizes live and die on contracts, such as vendor agreements, commercial leases, and sales/distribution agreements. Since so much money is at stake, contract disputes are almost inevitable. These disputes usually involve contract formation or affirmative defenses.

A written document is not necessarily a contract. One party must make a firm offer, and the other party must affirmatively accept that offer. Furthermore, each party must pay something or give up something (consideration). Additionally, each party must have the capacity to make the contract (e.g., power of agency or attorney), and the contract must be for an entirely legal purpose.

Mutuality may be the most important element. The parties must agree to do the same thing at the same time.

Film magnate Samuel Goldwyn once said an oral contract is not worth the paper it is printed on. He was partially right. It is harder for a Norcross business litigation attorney to prove the elements and contents of an oral contract. But these agreements are every bit as enforceable as written contracts.

Employment Law Defense

Georgia, like most other jurisdictions, is an at-will employment state. Bosses can fire employees at any time for good reason, bad reason, or no reason. However, they cannot fire employees for an illegal reason, usually discrimination or retaliation.

Federal and state anti-discrimination laws place certain people in protected classes, including gender, age, ethnicity, and religion. It is illegal to take adverse action against such workers because they are in a protected class, whether that discrimination was intentional. Bureaucrats at the Equal Employment Opportunity Commission aggressively enforce the Civil Rights Act and related provisions.

These legal provisions also prohibit retaliation. It is illegal to take adverse action against employees who do things like file complaints, are witnesses in wrongdoing investigations, or encourage others to file complaints.

Business Association Disputes

Partnership and corporate business divorces are common as well. Frequently, business associates do not see eye to eye or wish to terminate a business relationship.

These disputes are often like contract disputes. Frequently, the business association is relatively informal. That is especially true for partnerships. If the partners disagree or decide to part ways, these separation agreements, like many personal divorces, are extremely complex. Business assets and liabilities must be divided. Other issues must be decided as well.

Count on a Gwinnett County Business Litigation Lawyer

Most businesses need litigation support. For a consultation with an experienced business law attorney in Norcross, contact Zimmerman & Associates, Attorneys at Law. The sooner you reach out to us, the sooner we start fighting for you.